識別力

USPTO

TTAB Upholds Surname Refusal of GOLIA for Candy

We do not follow a “strictly numerical approach” when considering the degree of consumer exposure to a term as a surname...
EUIPO

‘AGC’ is the English abbreviation for ‘automatic gain control’

In the present case, none of the individual visual elements are imaginative or distinctive enough to sufficiently distin...
EUIPO

Registration must be refused provided at least one of its potential meanings is descriptive

As regards a mark composed of distinct elements, such as the mark in question, the distinctiveness of each element taken...
USPTO

TTAB Finds 8-Slice Pancake Configuration Mark De Jure Functional

The evidence shows that the product design embodied in the proposed mark is one a very few superior designs that can pro...
UKIPO

The average consumer will see the mark “AUTOFLIGHT” as being an invented term – 1

The contested mark comprises a device and word. The word component is ‘AUTOFLIGHT’ in a slightly stylised font with the ...
UKIPO

The consumer will still be unable to recollect the marks with any degree of accuracy – 2

As set out above, the opponent’s mark is a word only mark that consists of two words ‘GOLD FARM’. As far as I understand...
EUIPO

‘Baccarat Deluxe’ is understood by the relevant English-speaking consumers as referring to a luxurious version of a gambling game

The word ‘Baccarat’ denotes in English ‘a card game played for money by a banker and several punters’ and the word ‘Delu...
UKIPO

The applicant’s mark is perceived as ‘Talent 27’ rather than ‘27 Talent’

Taking the above into account, I am of the view that the differences between the marks are likely to be overlooked and a...
USPTO

TTAB Reverses Refusal of GOOD TIMES for Bourbon over “GOOD TIME(S)” Registrations for Alcoholic Beverages

The Federal Circuit has held that if there is evidence that a mark, or an element of a mark, is commonly adopted by many...
USPTO

Disclaimer of “MADE BY DENTISTS” in Word-and-Design Mark for Toothbrushes

A “disclaimer” is a statement in the application record that an applicant does not claim exclusive rights to an unregist...